A Florida judge has lifted an automatic stay of a temporaryinjunction of certain provisions within a landmark auto insurancereform bill adopted last year.

State Circuit Court Judge Terry Lewis in Leon County has ruledto lift a stay of the injunction, which went into effect whenFlorida officials, including Gov. Rick Scott and InsuranceCommissioner Kevin McCarty, filed an appeal to stop theinjunction.

A group of acupuncturists, massage therapists, and chiropractorsfiled for the injunction. Lewis ruled in March that certain aspects of Florida's new personalinjury protection (PIP) reform violated the Florida Constitution.His ruling allows acupuncturists and massage therapists to receivepersonal injury protection (PIP) benefits and it eliminates therequirement that a person have an “emergency medical condition” asa prerequisite to receiving full PIP benefits.

The group filed to vacate the stay—a request that was granted byLewis, who says he did so not to prevent potential harm to theacupuncturists, massage therapist and chiropractors, but because itis the “constitutional right of citizens to seek redress in courtsif they are wrongly injured,” and he sought to “prevent thepotential harm to citizens injured in automobileaccidents.”

On April 19 the Solicitor General's Office filed an appealon behalf of the Florida Office of Insurance Regulation in theDistrict Court of Appeal.

However, in the meantime the insurance industry is trying tograsp what this latest twist means for them. It is not knownwhether another appeal would result in another stay of theinjunction.

Donovan Brown, state government relations counsel for theProperty Casualty Insurers Association of America say the industryis disappointed in the ruling, which “once again gives way to thefraud and abuse that plagued the PIP system prior to reform.”

“This ruling treats Florida consumers as 'PIP-squeaks,'” headds. “Consumers deserve the full benefit of the reform.”

HB 119, signed by Gov. Rick Scott in law last May wascelebrated by the insurance industry. The legislation aimed to mendthe state's broken no-fault, PIP system, which has been plagued byabuse and fraud. Of the law's many provisions is a ban of PIPbenefits for acupuncturists and massage facilities, and arequirement that claimants seek treatment within 14 days of anaccident from a hospital or physician.

The group of acupuncturists, massage therapists andchiropractors failed to convince a state district court judge onthe same merits. In January Judge Richard Lazzara, in the U.S.District Court in the Middle District of Florida, denied the group an injunction.

In the meantime, legislation is floating to repeal the PIP,no-fault auto system in the Sunshine State. SB 1888 (formerly knownas 7152) was sent to the Senate Appropriations Committee but it hasyet to appear on the agenda.

Brown says the industry would be open to getting rid of thecurrent system but certain criteria would need to be in placebefore the industry supported such a measure: no mandatory medicalpay; no artificial price controls; lower preliminary bodily injurylevels; and lawmakers must contemplate bad-faith reform to addressabusive litigation tactics.